NRS 179.1171 Proceedings
for forfeiture: Rules of practice; complaint; service of summons and complaint;
answer; parties.

NRS 179.1173 Proceedings
for forfeiture: Priority over other civil matters; motion to stay; standard of
proof; conviction of claimant not required; confidentiality of informants;
return of property to claimant.

NRS 179.1185 Issuance
of certificate of title for forfeited vehicle or other conveyance.

NRS 179.1187 Establishment
of account for proceeds from forfeited property; restrictions on use of money
in account; distribution of certain amount to school district; duties of school
district and chief administrative officer of law enforcement agency.

NRS 179.119 Reports
by law enforcement agencies that receive forfeited property or related
proceeds; inclusion of such anticipated revenue in budget prohibited.

NRS 179.121 Forfeiture
of personal property and conveyances used in commission of crime.

NRS 179.1231 Seizure
of property before forfeiture and final disposition; institution of
proceedings; intercession by district attorney or Attorney General;
interlocutory actions by court; order of forfeiture.

NRS 179.1233 Sale
of forfeited property; use of proceeds; deposit of balance of proceeds in
Account for the Technological Crime Advisory Board; payment of certain
encumbrances.

NRS 179.165 Notice
must be provided by law enforcement agency to owner, pawnbroker and other
interested persons; contents of notice; sale or disposal of unclaimed property
by county treasurer; records.

NRS 179.515 Reports
by justices of Supreme Court, district judges, Attorney General and district
attorneys.

MISCELLANEOUS PROVISIONS

NRS 179.525 Temporary
changes in telephone service permitted where hostages are being held or
suspects are barricaded.

NRS 179.530 Order
authorizing use of pen register or trap and trace device.

NRS 179.535 Receipt
for property taken from person arrested for public offense.

_________

_________

SEARCH WARRANTS

NRS 179.015“Property” defined.As
used in NRS 179.015 to 179.115,
inclusive, the term “property” includes documents, books, papers and any other
tangible objects.

(Added to NRS by 1967, 1458)

NRS 179.025Authority for issuance.A
search warrant authorized by NRS 179.015 to 179.115, inclusive, may be issued by a magistrate of
the State of Nevada.

(Added to NRS by 1967, 1458)

NRS 179.035Grounds for issuance.A
warrant may be issued under NRS 179.015 to 179.115, inclusive, to search for and seize any
property:

1. Stolen or embezzled in violation of the
laws of the State of Nevada, or of any other state or of the United States;

2. Designed or intended for use or which
is or has been used as the means of committing a criminal offense; or

3. When the property or things to be
seized consist of any item or constitute any evidence which tends to show that
a criminal offense has been committed, or tends to show that a particular
person has committed a criminal offense.

(Added to NRS by 1967, 1458)

NRS 179.045Issuance and contents; sealing information upon which warrant is
based; time for serving warrant.

1. A search warrant may issue only on
affidavit or affidavits sworn to before the magistrate and establishing the
grounds for issuing the warrant or as provided in subsection 2. If the magistrate
is satisfied that grounds for the application exist or that there is probable
cause to believe that they exist, the magistrate shall issue a warrant
identifying the property and naming or describing the person or place to be
searched.

2. In lieu of the affidavit required by
subsection 1, the magistrate may take an oral statement given under oath, which
must be recorded in the presence of the magistrate or in the magistrate’s
immediate vicinity by a certified court reporter or by electronic means,
transcribed, certified by the reporter if the reporter recorded it, and
certified by the magistrate. The statement must be filed with the clerk of the
court.

3. Upon a showing of good cause, the
magistrate may order an affidavit or a recording of an oral statement given
pursuant to this section to be sealed. Upon a showing of good cause, a court
may cause the affidavit or recording to be unsealed.

4. After a magistrate has issued a search
warrant, whether it is based on an affidavit or an oral statement given under
oath, the magistrate may orally authorize a peace officer to sign the name of
the magistrate on a duplicate original warrant. A duplicate original search
warrant shall be deemed to be a search warrant. It must be returned to the
magistrate who authorized the signing of it. The magistrate shall endorse his
or her name and enter the date on the warrant when it is returned. Any failure
of the magistrate to make such an endorsement and entry does not in itself
invalidate the warrant.

5. The warrant must be directed to a peace
officer in the county where the warrant is to be executed. It must:

(a) State the grounds or probable cause for its
issuance and the names of the persons whose affidavits have been taken in
support thereof; or

(b) Incorporate by reference the affidavit or
oral statement upon which it is based.

Ê The warrant
must command the officer to search forthwith the person or place named for the
property specified.

6. The warrant must direct that it be
served between the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a
showing of good cause therefor, inserts a direction that it be served at any
time.

7. The warrant must designate the
magistrate to whom it is to be returned.

NRS 179.055Officer may break door to serve warrant after admittance
refused; breaking of door or window to liberate officer or person acting in aid
of officer; use of reasonable and necessary force.

1. The officer may break open any outer or
inner door or window of a house, or any part of the house, or anything therein,
to execute the warrant, if, after notice of authority and purpose, the officer
is refused admittance.

2. The officer may break open any outer or
inner door or window of a house for the purpose of liberating a person who,
having entered to aid in the execution of the officer’s warrant, is detained
therein, or when necessary for the officer’s own liberation.

3. All reasonable and necessary force may
be used to effect an entry into any building or property or part thereof to
execute a search warrant. In the execution of the warrant, the person executing
it may reasonably detain and search any person in the place at the time in
order to protect himself or herself from attack or to prevent destruction,
disposal or concealment of any instruments, articles or things particularly
described in the warrant.

(Added to NRS by 1967, 1459)

NRS 179.065Person charged with felony may be searched.When a person charged with a felony is
supposed to have on his or her person a dangerous weapon, or anything which may
be used as evidence of the commission of the offense, the officer making the
arrest shall cause the person to be searched, and the weapon or other thing to
be retained, subject to the order of the court in which the defendant may be
tried.

(Added to NRS by 1967, 1459)

NRS 179.075Execution and return of warrant with inventory.

1. The warrant may be executed and
returned only within 10 days after its date.

2. The officer taking property under the
warrant shall give to the person from whom or from whose premises the property
was taken a copy of the warrant and a receipt for the property taken or shall
leave the copy and receipt at the place from which the property was taken.

3. The return shall be made promptly and
shall be accompanied by a written inventory of any property taken. The
inventory shall be made in the presence of the applicant for the warrant and
the person from whose possession or premises the property was taken, if they
are present, or in the presence of at least one credible person other than the
applicant for the warrant or the person from whose possession or premises the
property was taken, and shall be verified by the officer.

4. The magistrate shall upon request
deliver a copy of the inventory to the person from whom or from whose premises
the property was taken and to the applicant for the warrant.

(Added to NRS by 1967, 1459)

NRS 179.085Motion for return of property and to suppress evidence.

1. A person aggrieved by an unlawful
search and seizure may move the court having jurisdiction where the property
was seized for the return of the property and to suppress for use as evidence
anything so obtained on the ground that:

(a) The property was illegally seized without
warrant;

(b) The warrant is insufficient on its face;

(c) There was not probable cause for believing
the existence of the grounds on which the warrant was issued; or

(d) The warrant was illegally executed.

Ê The judge
shall receive evidence on any issue of fact necessary to the decision of the
motion.

2. If the motion is granted the property
shall be restored unless otherwise subject to lawful detention and it shall not
be admissible evidence at any hearing or trial.

3. The motion to suppress evidence may
also be made in the court where the trial is to be had. The motion shall be
made before trial or hearing unless opportunity therefor did not exist or the
defendant was not aware of the grounds for the motion, but the court in its
discretion may entertain the motion at the trial or hearing.

(Added to NRS by 1967, 1460)

NRS 179.095Return of papers to clerk.The
magistrate who has issued a search warrant shall attach to the warrant the
duplicate original warrant, if any, and a copy of the return, inventory and all
other papers in connection therewith and shall file them with the clerk of the
court having jurisdiction where the property was seized.

NRS 179.105Retention of property taken on warrant by officer subject to
court order; restoration of property to person from whom it was taken;
technical irregularities will not quash warrant.All
property or things taken on a warrant must be retained in an officer’s custody,
subject to the order of the court to which the officer is required to return
the proceedings before the officer, or of any other court in which the offense
in respect to which the property or things are taken is triable. If it appears
that the property taken is not the same as that described in the warrant, or
that there is no probable cause for believing the existence of the grounds on
which the warrant was issued, the magistrate shall cause it to be restored to
the person from whom it was taken. However, no search warrant shall be quashed
by any magistrate or judge within this State nor shall any evidence based upon
a search warrant be suppressed in any criminal action or proceeding because of
mere technical irregularities which do not affect the substantial rights of the
accused.

(Added to NRS by 1967, 1460)

NRS 179.115Scope.NRS 179.015 to 179.115,
inclusive, do not modify any other statute regulating search, seizure and the
issuance and execution of search warrants in circumstances for which special
provision is made.

(a) Has detained a person pursuant to NRS 171.123, has arrested a person
pursuant to any statutory provision authorizing or requiring the arrest of a
person or is investigating a crime for which a suspect:

(1) Has not been identified; or

(2) Has been identified but was not
reasonably believed by the peace officer to possess or control a prepaid or
stored value card before the peace officer lawfully obtained possession of a
prepaid or stored value card;

(b) Has lawfully obtained possession of a prepaid
or stored value card; and

(c) Has probable cause to believe that the
prepaid or stored value card represents the proceeds of a crime or has been
used, is being used or is intended for use in the commission of a crime,

Ê the peace
officer may use an electronic device, a necessary electronic communications
network or any other reasonable means to determine the name, personal
information and amount of funds associated with the prepaid or stored value
card.

2. The Attorney General, the Attorney
General’s designee or any state or local law enforcement agency in this State
may enter into a contract with any person to assist in carrying out the
provisions of this section.

3. Before entering into a contract pursuant
to subsection 2, the Attorney General, the Attorney General’s designee or a
state or local law enforcement agency shall consider the following factors:

(a) The functional benefits to all law
enforcement agencies in this State of maintaining either a single database or a
series of interlinked databases relating to possible criminal use of prepaid or
stored value cards.

(b) The overall costs of establishing and
maintaining such a database or databases.

(c) Any other factors that the Attorney General,
the Attorney General’s designee or the state or local law enforcement agency
believe to be relevant.

4. Any contract entered into pursuant to
this section:

(a) May be a sole source contract, not subject to
the rules and requirements of open competitive bidding, if the period of the
contract does not exceed 5 years; and

(b) Must indemnify and hold harmless any person
who enters into a contract pursuant to this section, and any officers,
employees or agents of that person, for claims for actions taken at the
direction of a law enforcement agency in this State and within the scope of the
contract.

5. As used in this section:

(a) “Prepaid or stored value card” means any
instrument or device used to access funds or monetary value represented in
digital electronic format, whether or not specially encrypted, and stored or
capable of storage on electronic media in such a way as to be retrievable and
transferable electronically.

NRS 179.1156Scope.Except as
otherwise provided in NRS 179.1211 to 179.1235, inclusive, and 207.350 to 207.520, inclusive, the provisions of NRS 179.1156 to 179.121,
inclusive, govern the seizure, forfeiture and disposition of all property and
proceeds subject to forfeiture.

NRS 179.1157Definitions.As
used in NRS 179.1156 to 179.119,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 179.1158 to 179.11635,
inclusive, have the meanings ascribed to them in those sections.

NRS 179.11635“Willful blindness” defined.“Willful
blindness” means the intentional disregard of objective facts which would lead
a reasonable person to conclude that the property was derived from unlawful
activity or would be used for an unlawful purpose.

2. Property may not, to the extent of the
interest of any claimant, be declared forfeited by reason of an act or omission
shown to have been committed or omitted without the knowledge, consent or
willful blindness of the claimant.

3. Unless the owner of real property or a
mobile home:

(a) Has given the tenant notice to surrender the
premises pursuant to NRS 40.254 within
90 days after the owner receives notice of a conviction pursuant to subsection
2 of NRS 453.305; or

(b) Shows the court that the owner had good cause
not to evict the tenant summarily pursuant to NRS 40.254,

Ê the owner of
real property or a mobile home used or intended for use by a tenant to
facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to
have known of and consented to that use if the notices required by NRS 453.305 have been given in connection
with another such violation relating to the property or mobile home. The holder
of a lien or encumbrance on the property or mobile home is disputably presumed
to have acquired an interest in the property for fair value and without
knowledge or consent to such use, regardless of when the act giving rise to the
forfeiture occurred.

1. All right, title and interest in
property subject to forfeiture vests in the plaintiff:

(a) In the case of property used or intended for
use to facilitate the commission or attempted commission of any felony, when
the property is so used or intended for such use.

(b) In the case of property otherwise subject to
forfeiture, when the event giving rise to the forfeiture occurs.

(c) In the case of proceeds, when they become
proceeds.

2. Any transfer of property which occurs
after title to the property has become vested in the plaintiff, and before the
termination of the proceeding for forfeiture, is void as against the plaintiff,
unless the person to whom the transfer is made is a good faith purchaser for
value. If such a transfer is made, the purchaser must, in the proceeding for
forfeiture, establish by a preponderance of the evidence that the purchaser
has:

(a) An interest of record in the property;

(b) Given fair value for the interest; and

(c) Acquired the interest without notice of the
proceeding or the facts giving rise to the proceeding.

Ê If the
purchaser acquires the interest after the seizure of the property by the
plaintiff, it is conclusively presumed that the interest has been acquired with
notice of the proceeding.

NRS 179.1171Proceedings for forfeiture: Rules of practice; complaint;
service of summons and complaint; answer; parties.

1. Except as otherwise provided in NRS 179.1156 to 179.119,
inclusive, the Nevada Rules of Civil Procedure are applicable to and constitute
the rules of practice in a proceeding for forfeiture pursuant to those
sections.

2. A proceeding for forfeiture is commenced
by filing a complaint for forfeiture. If the property has been seized without
process, the plaintiff shall promptly file the complaint for forfeiture. The
property is subject to an action to claim its delivery only if the plaintiff
does not file the complaint for forfeiture within 60 days after the property is
seized. If the complaint for forfeiture is filed following the commencement of
an action claiming delivery, the complaint must be treated as a counterclaim.

3. A proceeding for forfeiture is in rem.
The complaint for forfeiture must be filed in the district court for the county
in which the property which is the subject of the proceeding is located.

4. The plaintiff shall cause service of
the summons and complaint to be made upon each claimant whose identity is known
to the plaintiff or who can be identified through the exercise of reasonable
diligence. If real property or any interest in real property is affected by the
proceeding, the plaintiff shall file notice of the proceeding in the manner
provided in NRS 14.010.

5. Each claimant served with the summons
and complaint who desires to contest the forfeiture shall, within 20 days after
the service, serve and file a verified answer to the complaint. The claimant
shall admit or deny the averments of the complaint and shall, in short and
plain terms, describe the interest which the claimant asserts in the property.
Concurrently with the answer, the claimant shall serve answers or objections to
any written interrogatories served with the summons and complaint.

6. No person, other than the plaintiff and
any claimant, is a proper party in the proceeding.

NRS 179.1173Proceedings for forfeiture: Priority over other civil matters;
motion to stay; standard of proof; conviction of claimant not required;
confidentiality of informants; return of property to claimant.

1. The district court shall proceed as
soon as practicable to a trial and determination of the matter. A proceeding
for forfeiture is entitled to priority over other civil actions which are not
otherwise entitled to priority.

2. At a proceeding for forfeiture, the
plaintiff or claimant may file a motion for an order staying the proceeding and
the court shall grant that motion if a criminal action which is the basis of
the proceeding is pending trial. The court shall, upon a motion made by the
plaintiff, lift the stay upon a satisfactory showing that the claimant is a
fugitive.

3. The plaintiff in a proceeding for
forfeiture must establish proof by clear and convincing evidence that the
property is subject to forfeiture.

4. In a proceeding for forfeiture, the
rule of law that forfeitures are not favored does not apply.

5. The plaintiff is not required to plead
or prove that a claimant has been charged with or convicted of any criminal
offense. If proof of such a conviction is made, and it is shown that the
judgment of conviction has become final, the proof is, as against any claimant,
conclusive evidence of all facts necessary to sustain the conviction.

6. The plaintiff has an absolute privilege
to refuse to disclose the identity of any person, other than a witness, who has
furnished to a law enforcement officer information purporting to reveal the
commission of a crime. The privilege may be claimed by an appropriate
representative of the plaintiff.

7. If the court determines that the
property is not subject to forfeiture, the court shall order the property and
any interest accrued pursuant to subsection 2 of NRS
179.1175 returned to the claimant found to be entitled to the property. If
the court determines that the property is subject to forfeiture, the court
shall so decree. The property, including any interest accrued pursuant to
subsection 2 of NRS 179.1175, must be forfeited to
the plaintiff, subject to the right of any claimant who establishes a protected
interest. Any such claimant must, upon the sale or retention of the property,
be compensated for the claimant’s interest in the manner provided in NRS 179.118.

1. Except as otherwise provided in
subsection 2, after property has been seized the agency which seized the
property may:

(a) Place the property under seal;

(b) Remove the property to a place designated by
the agency for the storage of that type of property; or

(c) Remove the property to an appropriate place
for disposition in a manner authorized by the court.

2. If an agency seizes currency, unless
otherwise ordered by the court, the agency shall deposit the currency in an
interest-bearing account maintained for the purpose of holding currency seized
by the agency.

3. When a court declares property to be
forfeited, the plaintiff may:

(a) Retain it for official use;

(b) Sell any of it which is neither required by
law to be destroyed nor harmful to the public; or

(c) Remove it for disposition in accordance with
the applicable provisions of NRS.

1. The proceeds from any sale or retention
of property declared to be forfeited and any interest accrued pursuant to
subsection 2 of NRS 179.1175 must be applied,
first, to the satisfaction of any protected interest established by a claimant
in the proceeding, then to the proper expenses of the proceeding for forfeiture
and resulting sale, including the expense of effecting the seizure, the expense
of maintaining custody, the expense of advertising and the costs of the suit.

2. Any balance remaining after the
distribution required by subsection 1 must be deposited as follows:

(a) Except as otherwise provided in this
subsection, if the plaintiff seized the property, in the special account
established pursuant to NRS 179.1187 by the
governing body that controls the plaintiff.

(b) Except as otherwise provided in this
subsection, if the plaintiff is a metropolitan police department, in the
special account established by the Metropolitan Police Committee on Fiscal
Affairs pursuant to NRS 179.1187.

(c) Except as otherwise provided in this
subsection, if more than one agency was substantially involved in the seizure,
in an equitable manner to be directed by the court hearing the proceeding for
forfeiture.

(d) If the property was seized pursuant to NRS 200.760, in the State Treasury for credit
to the Fund for the Compensation of Victims of Crime to be used for the
counseling and the medical treatment of victims of crimes committed in
violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.

(e) If the property was seized as the result of a
violation of NRS 202.300, in the
general fund of the county in which the complaint for forfeiture was filed, to
be used to support programs of counseling of persons ordered by the court to
attend counseling pursuant to NRS 62E.290.

(f) If the property was forfeited pursuant to NRS 201.351, with the county treasurer to
be distributed in accordance with the provisions of subsection 4 of NRS 201.351.

NRS 179.1185Issuance of certificate of title for forfeited vehicle or other
conveyance.If a vehicle or other
conveyance is forfeited of a kind which is subject to the provisions of title
43 of NRS governing certificates of title, the agency charged by law with
responsibility for issuing certificates of title for conveyances of the kind
shall issue a certificate of title to:

1. The governing body or the agency to
whom the title was awarded by the court if the conveyance is retained for
official use; or

2. The purchaser if the conveyance is sold
by the governing body or the plaintiff.

NRS 179.1187Establishment of account for proceeds from forfeited property;
restrictions on use of money in account; distribution of certain amount to
school district; duties of school district and chief administrative officer of
law enforcement agency.

1. The governing body controlling each law
enforcement agency that receives proceeds from the sale of forfeited property
shall establish with the State Treasurer, county treasurer, city treasurer or
town treasurer, as custodian, a special account, known as the
“................. Forfeiture Account.” The account is a separate and
continuing account and no money in it reverts to the State General Fund or the
general fund of the county, city or town at any time. For the purposes of this
section, the governing body controlling a metropolitan police department is the
Metropolitan Police Committee on Fiscal Affairs.

2. The money in the account may be used
for any lawful purpose deemed appropriate by the chief administrative officer
of the law enforcement agency, except that:

(a) The money must not be used to pay the
ordinary operating expenses of the agency.

(b) Money derived from the forfeiture of any
property described in NRS 453.301 must
be used to enforce the provisions of chapter 453
of NRS.

(c) Money derived from the forfeiture of any
property described in NRS 501.3857
must be used to enforce the provisions of title 45 of NRS.

(d) Seventy percent of the amount of money in
excess of $100,000 remaining in the account at the end of each fiscal year, as
determined based upon the accounting standards of the governing body
controlling the law enforcement agency that are in place on March 1, 2001, must
be distributed to the school district in the judicial district. If the judicial
district serves more than one county, the money must be distributed to the
school district in the county from which the property was seized.

3. Notwithstanding the provisions of
paragraphs (a) and (b) of subsection 2, money in the account derived from the
forfeiture of any property described in NRS
453.301 may be used to pay for the operating expenses of a joint task force
on narcotics otherwise funded by a federal, state or private grant or donation.
As used in this subsection, “joint task force on narcotics” means a task force
on narcotics operated by the Department of Public Safety in conjunction with
other local or federal law enforcement agencies.

4. A school district that receives money
pursuant to paragraph (d) of subsection 2 shall deposit such money into a
separate account. The interest and income earned on the money in the account,
after deducting any applicable charges, must be credited to the account. The
money in the account must be used to purchase books and computer hardware and
software for the use of the students in that school district.

5. The chief administrative officer of a
law enforcement agency that distributes money to a school district pursuant to
paragraph (d) of subsection 2 shall submit a report to the Director of the
Legislative Counsel Bureau before January 1 of each odd-numbered year. The
report must contain the amount of money distributed to each school district
pursuant to paragraph (d) of subsection 2 in the preceding biennium.

NRS 179.121Forfeiture of personal property and conveyances used in
commission of crime.

1. All personal property, including,
without limitation, any tool, substance, weapon, machine, computer, money or
security, which is used as an instrumentality in any of the following crimes is
subject to forfeiture:

(a) The commission of or attempted commission of
the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand
larceny or theft if it is punishable as a felony;

(b) The commission of or attempted commission of
any felony with the intent to commit, cause, aid, further or conceal an act of
terrorism;

2. Except as otherwise provided for
conveyances forfeitable pursuant to NRS
453.301 or 501.3857, all
conveyances, including aircraft, vehicles or vessels, which are used or
intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to
forfeiture except that:

(a) A conveyance used by any person as a common
carrier in the transaction of business as a common carrier is not subject to
forfeiture under this section unless it appears that the owner or other person
in charge of the conveyance is a consenting party or privy to the felony or
violation;

(b) A conveyance is not subject to forfeiture
under this section by reason of any act or omission established by the owner
thereof to have been committed or omitted without the owner’s knowledge,
consent or willful blindness;

(c) A conveyance is not subject to forfeiture for
a violation of NRS 202.300 if the
firearm used in the violation of that section was not loaded at the time of the
violation; and

(d) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the felony. If a
conveyance is forfeited, the appropriate law enforcement agency may pay the
existing balance and retain the conveyance for official use.

3. For the purposes of this section, a
firearm is loaded if:

(a) There is a cartridge in the chamber of the
firearm;

(b) There is a cartridge in the cylinder of the
firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the
magazine is in the firearm or there is a cartridge in the chamber, if the
firearm is a semiautomatic firearm.

4. As used in this section, “act of
terrorism” has the meaning ascribed to it in NRS 202.4415.

1. Except as otherwise provided in NRS 179.1221, if an indictment or information filed
in a criminal proceeding alleges that property was derived from, realized
through, or used or intended for use in the course of a technological crime
which is punishable as a felony and the extent of that property:

(a) The jury; or

(b) If the trial is without a jury, the court,

Ê shall, upon
a conviction, determine at a separate hearing the extent of the property to be
forfeited. If the indictment or information does not include such an
allegation, the property is not subject to criminal forfeiture pursuant to this
section.

2. If, at a hearing to determine the
extent of the property to be forfeited pursuant to subsection 1, the jury or,
if the hearing is without a jury, the court determines by a preponderance of
the evidence that the property:

(a) Was used or intended to be used in, or was
used or intended to be used to facilitate, a technological crime; or

(b) Was acquired during a technological crime or
within a reasonable time after the technological crime and there was no likely
source of such property other than the technological crime,

Ê the court
shall order the forfeiture of the property.

3. The following property is subject to
criminal forfeiture pursuant to subsection 1:

(a) Any proceeds attributable to a technological
crime;

(b) Any property acquired directly or indirectly
from a technological crime; and

(c) Any property used or intended to be used in,
or used or intended to be used to facilitate, a technological crime.

4. If property which is ordered to be
criminally forfeited pursuant to subsection 1:

(a) Cannot be located;

(b) Has been sold to a purchaser in good faith
for value;

(c) Has been placed beyond the jurisdiction of
the court;

(d) Has been substantially diminished in value by
the conduct of the defendant;

(e) Has been commingled with other property which
cannot be divided without difficulty or undue injury to innocent persons; or

(f) Is otherwise unreachable without undue injury
to innocent persons,

Ê the court
shall order the forfeiture of other property of the defendant up to the value
of the property that is unreachable.

1. The prosecuting attorney may apply for,
and a court may issue without notice or hearing, a temporary restraining order
to preserve property which would be subject to criminal forfeiture pursuant to NRS 179.1219 if:

(a) An indictment or information alleging a
technological crime has been filed in a criminal proceeding and the extent of
criminally forfeitable property is included therein or the court believes there
is probable cause for such an inclusion;

(b) The property is in the possession or control
of the party against whom the order will be entered; and

(c) The court determines that the nature of the
property is such that it can be concealed, disposed of or placed beyond the jurisdiction
of the court before a hearing on the matter.

2. A temporary restraining order which is
issued without notice may be issued for not more than 10 days and may be
extended only for good cause or by consent. The court shall provide notice and
hold a hearing on the matter before the order expires.

1. After an information or indictment
alleging a technological crime is filed in a criminal proceeding, the
prosecuting attorney may request the court to:

(a) Enter a restraining order or injunction;

(b) Require the execution of a satisfactory bond;

(c) Appoint a receiver; or

(d) Take any other necessary action,

Ê to secure
property which is subject to criminal forfeiture.

2. The court shall, after a hearing for
which notice was given to any person whose rights in the property proposed for
forfeiture would be affected, order such an action if the prosecuting attorney
shows by a preponderance of the evidence that the action is necessary to
preserve the defendant’s property which is subject to criminal forfeiture.

3. If no indictment or information
alleging a technological crime has been filed, the court may, after such a
hearing and upon a showing of the prosecuting attorney that:

(a) There is probable cause to believe that the
property for which the order is sought would be subject to criminal forfeiture;
and

(b) The requested order would not result in
substantial and irreparable harm or injury to the party against whom the order
is to be entered that outweighs the need to secure the property for the
potential criminal forfeiture,

Ê order an action
to secure the property. Such an order may not be effective for more than 90
days unless it is extended for good cause or an indictment or information
alleging a technological crime is filed and the extent of the criminally
forfeitable property is listed therein.

NRS 179.1229Property subject to civil forfeiture; required proof; where
action must be instituted.

1. Except as otherwise provided in
subsection 2, all property used in the course of, intended for use in the
course of, derived from or gained through a technological crime is subject to
civil forfeiture to the State.

2. Upon a showing by the owner of the
property of the requisite facts, the following is not subject to forfeiture
under this section:

(a) Except as otherwise provided in paragraph
(b), property used without the knowledge or consent of its owner; and

(b) A means of transportation used by a person in
the transaction of business as a common carrier unless it appears the owner or
person in charge of the common carrier consented to or had knowledge of the
technological crime.

3. The State is not required to plead or
prove that a person has been charged with or convicted of any technological
crime. If proof of such conviction is made, and it is shown that the judgment
of conviction has become final, the proof against any person is conclusive
evidence of all facts necessary to sustain the conviction.

4. Any civil action or proceeding under
this section must be instituted in the district court of the State in the
county in which the prospective defendant resides or has committed any act
which subjects the prospective defendant to criminal or civil liability
pursuant to the provisions of NRS 179.1211 to 179.1235, inclusive.

NRS 179.1231Seizure of property before forfeiture and final disposition;
institution of proceedings; intercession by district attorney or Attorney
General; interlocutory actions by court; order of forfeiture.

1. Property subject to forfeiture under NRS 179.1219 or 179.1229
may be seized by a law enforcement agency upon process issued by a court.
Before an order of civil forfeiture is issued without legal process, notice of
the claim for forfeiture of real property may be given in the manner provided
in NRS 14.010 and 14.015. A seizure of personal property may
be made without legal process if the seizure is incident to:

(a) A lawful arrest or search; or

(b) An inspection under an administrative
warrant.

2. Property seized or made the subject of
notice under this section is deemed to be in the custody of the agency, subject
only to orders of the court which has jurisdiction over the proceedings for
forfeiture. An agency which has seized such property without process shall
begin proceedings for forfeiture promptly. Such an action takes precedence over
other civil proceedings. The seized property is subject to an action to claim
the delivery of the property if the agency does not file the complaint for
forfeiture within 60 days after the property is seized. If a complaint for
forfeiture is filed after an affidavit claiming delivery, the complaint must be
treated as a counterclaim.

3. When property is seized pursuant to
this section, pending forfeiture and final disposition, the law enforcement
agency may:

(a) Place the property under seal.

(b) Remove the property to a place designated by
the court.

(c) Require another agency authorized by law to
take custody of the property and remove it to an appropriate location.

4. The district attorney or the Attorney
General may institute civil proceedings under this section for the forfeiture
of property subject to forfeiture pursuant to NRS
179.1229. The district attorney and the Attorney General shall determine by
agreement between themselves which of them will institute such a proceeding in
a particular case. If a district attorney or the Attorney General has not
instituted such a proceeding or has not pursued one which was instituted in
accordance with the agreement, the other may intercede after giving the
prosecutor designated in the agreement 30 days’ written notice of the intention
to do so. In any action so brought, the district court shall proceed as soon as
practicable to the hearing and determination. Pending final determination in an
action brought pursuant to this section, the district court may at any time
enter such injunctions, prohibitions or restraining orders, or take such
actions, including, without limitation, the acceptance of satisfactory
performance bonds, as the court deems proper in connection with any property or
interest subject to forfeiture.

5. Upon a finding of civil liability under
this section, the court may order the forfeiture of the appropriate property.

NRS 179.1233Sale of forfeited property; use of proceeds; deposit of balance
of proceeds in Account for the Technological Crime Advisory Board; payment of
certain encumbrances.

1. The State, county or city shall sell
any property forfeited pursuant to NRS 179.1219 or
179.1229 as soon as commercially feasible. Except
as otherwise provided in subsection 2, the proceeds from such a sale must be
used first for payment of all proper expenses of any proceedings for the
forfeiture and sale, including, without limitation, any expenses for the
seizure and maintenance of the property, advertising and court costs. The
balance of the proceeds, if any, must be deposited in the Account for the
Technological Crime Advisory Board created pursuant to NRS 205A.090.

2. If the property forfeited is encumbered
by a bona fide security interest and the secured party shows that the secured
party did not consent or have knowledge of the violation causing the
forfeiture, the State, county or city shall pay the existing balance or return
the property to the secured party.

NRS 179.1235Limitation of actions.A
criminal action or proceeding pursuant to NRS 179.1219
may be commenced at any time within 5 years after the technological crime
occurs. Except as otherwise provided in NRS
217.007, a civil action or proceeding pursuant to NRS
179.1229 may be commenced at any time within 5 years after the
technological crime occurs. If a criminal prosecution, civil action or other
proceeding is brought to punish, prevent or restrain a technological crime, the
running of the period of limitations prescribed by this section with respect to
any cause of action arising under NRS 179.1229,
which is based in whole or in part upon any matter complained of in the
prosecution or proceeding, is suspended during the pendency of the prosecution
or proceeding and for 2 years following termination of the prosecution or
proceeding.

NRS 179.125Stolen or embezzled property held by peace officer subject to
magistrate’s order.Except as
provided in NRS 52.385, when property,
alleged to have been stolen or embezzled, shall come into the custody of a
peace officer, the peace officer shall hold the same subject to the order of
the magistrate authorized by NRS 179.135 to direct
the disposal thereof.

(Added to NRS by 1967, 1460; A 1975, 1184)

NRS 179.135Order for delivery to owner; payment of expenses.On satisfactory proof of the title of the
owner of the property, the magistrate to whom the information is laid, or who
shall examine the charge against the person accused of stealing or embezzling
the property, may order it to be delivered to the owner, on the owner’s paying
the reasonable and necessary expenses incurred in its preservation, to be
certified by the magistrate. The order shall entitle the owner to demand and
receive the property.

(Added to NRS by 1967, 1460)

NRS 179.145Magistrate to deliver property to owner when it comes into
magistrate’s custody; proof of title and payment of expenses.If the property stolen or embezzled come into
the custody of the magistrate, it shall be delivered to the owner on satisfactory
proof of title, and on the owner’s paying the necessary expenses incurred in
its preservation, to be certified by the magistrate.

(Added to NRS by 1967, 1461)

NRS 179.155Court may order return of property to owner.If the property stolen or embezzled has not
been delivered to the owner, the court before which a conviction is had for
stealing or embezzling it may, on proof of title, order it to be restored to
the owner.

(Added to NRS by 1967, 1461)

NRS 179.165Notice must be provided by law enforcement agency to owner,
pawnbroker and other interested persons; contents of notice; sale or disposal
of unclaimed property by county treasurer; records.

1. Except as otherwise provided in
subsections 2 and 3, a law enforcement agency which has custody of property
that has been stolen or embezzled shall, if the agency knows or can reasonably
discover the name and address of the owner or the person entitled to possession
of the property, notify the owner or the person entitled to possession of the
property by letter of the location of the property and the method by which the
owner or the person entitled to possession of the property may claim it.

2. If the property that has been stolen or
embezzled is a firearm, the law enforcement agency shall notify only the owner
of the firearm of the location of the property and the method by which the
owner may claim it.

3. If the property that has been stolen or
embezzled was obtained from a pawnbroker pursuant to NRS 646.047, the law enforcement agency
shall, in addition to notifying the persons described in subsection 1 or 2, as
appropriate, notify the pawnbroker from whom it was obtained.

4. The notice must be mailed by certified
or registered mail:

(a) Upon the conviction of the person who
committed the offense;

(b) Upon the decision of the police or district
attorney not to pursue or prosecute the case; or

(c) When the case is otherwise terminated.

5. If the property stolen or embezzled is
not claimed by the owner or the person entitled to possession of the property
before the expiration of 6 months after the date the notice is mailed or, if no
notice is required, after the date notice would have been sent if it were
required, the magistrate or other officer having it in custody shall, except as
otherwise provided in this subsection, on payment of the necessary expenses
incurred for its preservation, deliver it to the county treasurer, who shall
dispose of the property as provided in subsection 6. If a metropolitan police
department which is organized pursuant to chapter
280 of NRS has custody of the property, the sheriff of the department may
deliver it to the county treasurer and accept the net proceeds, if any, from
the disposition of the property pursuant to subsection 6 in lieu of the payment
of expenses incurred for the property’s preservation.

6. Upon receiving stolen or embezzled
property pursuant to this section, the county treasurer shall petition the
district court for an order authorizing the county treasurer to:

(a) Conduct an auction for the disposal of
salable property;

(b) Dispose of property not deemed salable by
donations to charitable organizations or by destruction;

(c) Destroy property the possession of which is
deemed illegal or dangerous; or

(d) Dispose of property not purchased at an
auction by donations to charitable organizations or by destruction.

7. Records of the property disposed of by
sale, destruction or donation and an accounting of the cash received by the
county treasurer from the sales must be filed with the county clerk.

1. “Executive authority” means the
governor, and any person performing the functions of governor in a state other
than this state.

2. “Governor” means any person performing
the functions of Governor by authority of the law of this state.

3. “State,” when referring to a state
other than this state, means any other state or territory, organized or
unorganized, of the United States of America.

(Added to NRS by 1967, 1098)

NRS 179.181Fugitives from justice; duty of Governor.Subject to the provisions of NRS 179.177 to 179.235,
inclusive, the provisions of the Constitution of the United States controlling,
and any and all Acts of Congress enacted in pursuance thereof, it is the duty
of the Governor of this state to have arrested and delivered up to the
executive authority of any other state of the United States any person charged
in that state with treason, felony or other crime, who has fled from justice
and is found in this state.

(Added to NRS by 1967, 1098)

NRS 179.183Form of demand.No
demand for the extradition of a person charged with crime in another state
shall be recognized by the Governor unless it is:

1. In writing alleging, except in cases
arising under NRS 179.189, that the accused was
present in the demanding state at the time of the commission of the alleged
crime, and that thereafter the accused fled from the state; and

2. Accompanied by a copy of an indictment
found or by information supported by affidavit in the state having jurisdiction
of the crime, or by a copy of an affidavit made before a magistrate there,
together with a copy of any warrant which was issued thereupon; or

3. Accompanied by a copy of a judgment of
conviction or of a sentence imposed in execution thereof, together with a
statement by the executive authority of the demanding state that the person
claimed has escaped from confinement or has broken the terms of the person’s
bail, probation or parole.

Ê The
indictment, information or affidavit made before the magistrate must
substantially charge the person demanded with having committed a crime under
the law of that state; and the copy of indictment, information, affidavit,
judgment of conviction or sentence must be authenticated by the executive
authority making the demand.

(Added to NRS by 1967, 1098)

NRS 179.185Governor may investigate case.When
a demand is made upon the Governor of this state by the executive authority of
another state for the surrender of a person so charged with crime, the Governor
may call upon the Attorney General or any prosecuting officer in this state to
investigate or assist in investigating the demand, and to report to the
Governor the situation and circumstances of the person so demanded, and whether
the person ought to be surrendered.

(Added to NRS by 1967, 1099)

NRS 179.187Extradition of persons imprisoned or awaiting trial in another
state or who have left demanding state under compulsion.

1. When it is desired to have returned to
this state a person charged in this state with a crime, and such person is
imprisoned or is held under criminal proceedings then pending against the
person in another state, the Governor of this state may agree with the
executive authority of such other state for the extradition of such person
before the conclusion of such proceedings or the person’s term of sentence in
such other state, upon condition that such person be returned to such other
state at the expense of this state as soon as the prosecution in this state is
terminated.

2. The Governor of this state may also
surrender on demand of the executive authority of any other state any person in
this state who is charged in the manner provided in NRS
179.223 with having violated the laws of the state whose executive
authority is making the demand, even though such person left the demanding
state involuntarily.

(Added to NRS by 1967, 1099)

NRS 179.189Extradition of persons not present in demanding state at time of
commission of crime.The Governor
of this state may also surrender, on demand of the executive authority of any
other state, any person in this state charged in such other state in the manner
provided in NRS 179.183 with committing an act in
this state, or in a third state, intentionally resulting in a crime in the
state whose executive authority is making the demand, and the provisions of NRS 179.177 to 179.235,
inclusive, not otherwise inconsistent shall apply to such cases, even though
the accused was not in that state at the time of the commission of the crime,
and has not fled therefrom.

(Added to NRS by 1967, 1099)

NRS 179.191Governor’s warrant of arrest.

1. If the Governor decides that the demand
should be complied with, the Governor shall sign a warrant of arrest, which
must be sealed with the state seal, and be directed to any peace officer or
other person whom the Governor may think fit to entrust with the execution
thereof. The warrant must substantially recite the facts necessary to the
validity of its issuance.

2. A telegraphic copy or an abstract of
the Governor’s warrant may be sent by telegraph, teletype or any other
electronic device to the person entrusted with the execution of the warrant.
The copy or abstract is as effectual as the original warrant issued by the
Governor.

3. The person who causes a telegraphic
copy or abstract of the Governor’s warrant to be sent must certify as correct,
and file in the telegraphic office from which the copy or abstract is sent, a
copy of the warrant, and must return the original with a statement of the person’s
actions under the warrant.

NRS 179.193Manner and place of execution.Such
warrant shall authorize the peace officer or other person to whom directed to:

1. Arrest the accused at any time and any
place where the accused may be found within the State;

2. Command the aid of all peace officers
or other persons in the execution of the warrant; and

3. Deliver the accused, subject to the
provisions of NRS 179.177 to 179.235,
inclusive, to the duly authorized agent of the demanding state.

(Added to NRS by 1967, 1099)

NRS 179.195Authority of arresting officer.Every
such peace officer or other person empowered to make the arrest shall have the
same authority, in arresting the accused, to command assistance therein as
peace officers have by law in the execution of any criminal process directed to
them, with like penalties against those who refuse their assistance.

1. No person arrested upon such warrant
shall be delivered over to the agent whom the executive authority demanding the
person has appointed to receive the person unless the person is first taken
forthwith before a judge of a court of record in this state, who shall inform
the person of the demand made for surrender and of the crime with which the
person is charged, and that the person has the right to demand and procure
legal counsel.

2. If the prisoner or the prisoner’s
counsel state that the prisoner or they desire to test the legality of the
arrest, the judge of such court of record shall fix a reasonable time to be
allowed within which to apply to the district court for a writ of habeas
corpus.

3. When such writ is applied for, notice
thereof, and of the time and place of hearing thereon, shall be given to the
prosecuting officer of the county in which the arrest is made and in which the
accused is in custody, and to the agent of the demanding state.

NRS 179.199Penalty for noncompliance with NRS 179.197.Any officer who delivers to the agent for
extradition of the demanding state a person in the officer’s custody under the
Governor’s warrant, in willful disobedience to NRS
179.197, shall be guilty of a misdemeanor.

(Added to NRS by 1967, 1100)

NRS 179.201Confinement in jail or detention facility when necessary.

1. The officer or persons executing the
Governor’s warrant of arrest, or the agent of the demanding state to whom the
prisoner may have been delivered may, when necessary, confine the prisoner in
the jail or detention facility of any county or city through which he or she
may pass, and the keeper of the jail or detention facility shall receive and
safely keep the prisoner until the officer or person having charge of the
prisoner is ready to proceed on his or her route, such officer or person being
chargeable with the expense of keeping.

2. The officer or agent of a demanding
state to whom a prisoner may have been delivered following extradition
proceedings in another state, or to whom a prisoner may have been delivered
after waiving extradition in another state, and who is passing through this
state with a prisoner for the purpose of immediately returning the prisoner to
the demanding state may, when necessary, confine the prisoner in the jail or
detention facility of any county or city through which he or she may pass, and
the keeper of the jail or detention facility shall receive and safely keep the
prisoner until the officer or agent having charge of the prisoner is ready to
proceed on his or her route, such officer or agent being chargeable with the
expense of keeping. The officer or agent shall produce and show to the keeper
of the jail or detention facility satisfactory written evidence of the fact
that the officer or agent is actually transporting a prisoner to the demanding
state after a requisition by the executive authority of the demanding state.
The prisoner is not entitled to demand a new requisition while in this state.

1. Whenever any person within this state
is charged on the oath of any credible person before any judge or magistrate of
this state with the commission of any crime in any other state and, except in
cases arising under NRS 179.189, with having fled
from justice, or with having been convicted of a crime in that state and having
escaped from confinement, or having broken the terms of the person’s bail,
probation or parole; or

2. Whenever complaint has been made before
any judge or magistrate in this state setting forth on the affidavit of any
credible person in another state that a crime has been committed in such other
state and that the accused has been charged in such state with the commission
of the crime, and, except in cases arising under NRS
179.189, has fled from justice, or with having been convicted of a crime in
that state and having escaped from confinement, or having broken the terms of
the person’s bail, probation or parole and is believed to be in this state,

Ê the judge or
magistrate shall issue a warrant directed to any peace officer commanding the
peace officer to apprehend the person named therein, wherever the person may be
found in this state, and to bring the person before the same or any other
judge, magistrate or court who or which may be available in or convenient of
access to the place where the arrest may be made, to answer the charge or complaint
and affidavit. A certified copy of the sworn charge or complaint and affidavit
upon which the warrant is issued shall be attached to the warrant.

(Added to NRS by 1967, 1100)

NRS 179.205Arrest without warrant.The
arrest of a person may be lawfully made also by any peace officer or a private
person, without a warrant upon reasonable information that the accused stands
charged in the courts of a state with a crime punishable by death or
imprisonment for a term exceeding 1 year; but when so arrested the accused must
be taken before a judge or magistrate with all practicable speed and complaint
must be made against the person under oath setting forth the ground for the
arrest as in NRS 179.203. Thereafter the answer
shall be heard as if the person had been arrested on a warrant.

(Added to NRS by 1967, 1101)

NRS 179.207Commitment to await requisition; bail.If
from the examination before the judge or magistrate it appears that the person
held is the person charged with having committed the crime alleged and, except
in cases arising under NRS 179.189, that the person
has fled from justice, the judge or magistrate must, by a warrant reciting the
accusation, commit the person to the county jail for such a time, not exceeding
30 days and specified in the warrant, as will enable the arrest of the accused
to be made under a warrant of the Governor on a requisition of the executive
authority of the state having jurisdiction of the offense, unless the accused
gives bail as provided in NRS 179.209, or until the
accused is legally discharged.

(Added to NRS by 1967, 1101; A 1967, 1389)

NRS 179.209Bail: In what cases; conditions of bond.Unless the offense with which the prisoner is
charged is shown to be an offense punishable by death or life imprisonment
under the laws of the state in which it was committed, or unless the prisoner
is charged as a parole violator or escaped convict, a judge or magistrate in
this state may admit the person arrested to bail by bond, with sufficient
sureties, and in such sum as the judge or magistrate deems proper, conditioned
for the prisoner’s appearance at a time specified in such bond, and for the
person’s surrender, to be arrested upon the warrant of the Governor of this
state. No prisoner may be admitted to bail after having been arrested upon the
warrant of the Governor of this state.

(Added to NRS by 1967, 1101; A 1973, 800)

NRS 179.211Extension of time of commitment; adjournment.If the accused is not arrested under warrant
of the Governor by the expiration of the time specified in the warrant or bond,
a judge or magistrate may discharge or may recommit the accused for a further
period not to exceed 60 days, or a judge or magistrate judge may again take
bail for the accused’s appearance and surrender, as provided in NRS 179.209, but within a period not to exceed 60 days
after the date of such new bond.

(Added to NRS by 1967, 1101)

NRS 179.213Forfeiture of bail.If
the prisoner is admitted to bail, and fails to appear and surrender according
to the conditions of the prisoner’s bond, the judge, or magistrate by proper
order, shall declare the bond forfeited and order the prisoner’s immediate
arrest without warrant if the prisoner is within this state. Recovery may be
had on such bond in the name of the State as in the case of other bonds given
by the accused in criminal proceedings within this state.

(Added to NRS by 1967, 1102)

NRS 179.215Persons under criminal prosecution in this State at time of
requisition.If a criminal
prosecution has been instituted against such person under the laws of this
State and is still pending, the Governor, in the Governor’s discretion, either
may surrender the person on demand of the executive authority of another state
or hold the person until the person has been tried and discharged or convicted
and punished in this State.

(Added to NRS by 1967, 1102)

NRS 179.217Guilt or innocence of accused: When inquired into.The guilt or innocence of the accused as to
the crime of which the accused is charged may not be inquired into by the
Governor or in any proceeding after the demand for extradition accompanied by a
charge of crime in legal form as above provided has been presented to the
Governor, except as it may be involved in identifying the person held as the
person charged with the crime.

(Added to NRS by 1967, 1102)

NRS 179.219Governor may recall warrant or issue alias.The Governor may recall a warrant of arrest or
may issue another warrant whenever the Governor deems proper.

(Added to NRS by 1967, 1102)

NRS 179.221Fugitives from this State; duty of Governor.Whenever the Governor of this State demands a
person charged with crime or with escaping from confinement or breaking the
terms of bail, probation or parole in this State, from the executive authority
of any other state, or from the Chief Justice or an associate justice of the
Supreme Court of the District of Columbia authorized to receive such demand
under the laws of the United States, the Governor shall issue a warrant under
the seal of this State, to some agent, commanding the agent to receive the
person so charged if delivered and convey the person to the proper officer of
the county in this State in which the offense was committed.

(Added to NRS by 1967, 1102)

NRS 179.223Application for issuance of requisition: By whom made; contents.

1. When the return to this state of a
person charged with crime in this state is required, the district attorney
shall present to the Governor a written application for a requisition for the
return of the person charged in which application must be stated:

(a) The name of the person so charged;

(b) The crime charged against the person;

(c) The approximate time, place and circumstances
of its commission;

(d) The state in which the person is believed to
be, including the location of the accused therein at the time the application
is made; and

(e) A certification that, in the opinion of the district
attorney, the ends of justice require the arrest and return of the accused to
this state for trial and that the proceeding is not instituted to enforce a
private claim.

2. When the return to this state is
required of a person who has been convicted of a crime in this state and has
escaped from confinement or broken the terms of the person’s bail, probation or
parole, the district attorney of the county in which the offense was committed,
the State Board of Parole Commissioners, the Chief Parole and Probation
Officer, the Director of the Department of Corrections or the sheriff of the
county from which escape was made shall present to the Governor a written
application for a requisition for the return of the person, in which
application must be stated:

(a) The name of the person;

(b) The crime of which the person was convicted;

(c) The circumstances of the person’s escape from
confinement or of the breach of the terms of bail, probation or parole; and

(d) The state in which the person is believed to
be, including the location of the person therein at the time application is
made.

3. The application must be verified by
affidavit, executed in duplicate and accompanied by two certified copies of the
indictment returned, or information and affidavit filed, or of the complaint
made to the judge or magistrate, stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence. The district
attorney, State Board of Parole Commissioners, Chief Parole and Probation Officer,
Director of the Department of Corrections or sheriff may also attach such
further affidavits and other documents in duplicate as deemed proper to be
submitted with the application. One copy of the application, with the action of
the Governor indicated by endorsement thereon, and one of the certified copies
of the indictment, complaint, information and affidavits, or of the judgment of
conviction or of the sentence must be filed in the Office of the Secretary of
State of the State of Nevada to remain of record in that office. The other
copies of all papers must be forwarded with the Governor’s requisition.

1. If the punishment of the crime is the
confinement of the criminal in prison, the expenses must be paid from money
appropriated to the Office of the Attorney General for that purpose, upon
approval by the State Board of Examiners. After the appropriation is exhausted,
the expenses must be paid from the Reserve for Statutory Contingency Account
upon approval by the State Board of Examiners. In all other cases, they must be
paid out of the county treasury in the county wherein the crime is alleged to
have been committed. The expenses are:

(a) If the prisoner is returned to this State
from another state, the fees paid to the officers of the state on whose
governor the requisition is made;

(b) If the prisoner is returned to this State
from a foreign country or jurisdiction, the fees paid to the officers and
agents of this State or the United States; or

(c) If the prisoner is temporarily returned for
prosecution to this State from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the
sending state upon completion of the prosecution, the fees paid to the officers
and agents of this State,

Ê and the per
diem allowance and travel expenses provided for state officers and employees
generally incurred in returning the prisoner.

2. If a person is returned to this State
pursuant to this chapter or chapter 178 of
NRS and is convicted of, or pleads guilty, guilty but mentally ill or nolo
contendere to, the criminal charge for which the person was returned or a
lesser criminal charge, the court shall conduct an investigation of the
financial status of the person to determine the ability to make restitution. In
conducting the investigation, the court shall determine if the person is able
to pay any existing obligations for:

3. If the court determines that the person
is financially able to pay the obligations described in subsection 2, it shall,
in addition to any other sentence it may impose, order the person to make
restitution for the expenses incurred by the Office of the Attorney General or
other governmental entity in returning the person to this State. The court
shall not order the person to make restitution if payment of restitution will
prevent the person from paying any existing obligations described in subsection
2. Any amount of restitution remaining unpaid constitutes a civil liability
arising upon the date of the completion of the sentence.

4. If the court orders a person to make
restitution for the expenses incurred by the Office of the Attorney General in
returning the person to this State pursuant to this section, the Office of the
Attorney General shall assign the collection of such restitution to the State
Controller in accordance with the provisions of NRS 353C.195.

5. The Attorney General may adopt
regulations to carry out the provisions of this section.

NRS 179.227Immunity from service of process in certain civil actions.A person brought into this State by, or after
waiver of, extradition based on a criminal charge shall not be subject to
service of personal process in civil actions arising out of the same facts as
the criminal proceeding to answer which the person is being or has been
returned, until the person has been convicted in the criminal proceeding, or,
if acquitted, until the person has had reasonable opportunity to return to the
state from which the person was extradited.

(Added to NRS by 1967, 1103)

NRS 179.229Written waiver of extradition proceedings.

1. Except as otherwise provided in
subsection 3, a person arrested in this State who is charged with having
committed a crime in another state or who is alleged to have escaped from
confinement, or broken the terms of the person’s bail, probation or parole may
waive the issuance and service of the warrant provided for in NRS 179.191 and 179.193
and all other procedure incidental to extradition proceedings, by executing or
subscribing in the presence of a judge of a court of record within this State a
writing which states that the person consents to return to the demanding state.
Before the waiver is executed or subscribed, the judge shall inform the person
of the rights to the issuance and service of a warrant of extradition and to
obtain a writ of habeas corpus as provided for in NRS
179.197.

2. An executed waiver must be forwarded
immediately to the Office of the Attorney General of this State and filed
therein. The judge shall remand the person to custody without bail, unless
otherwise stipulated by the district attorney with the concurrence of the other
state, and shall direct the officer having the person in custody to deliver the
person immediately to an accredited agent of the demanding state, and shall
deliver or cause to be delivered to the agent a copy of the waiver.

3. A law enforcement agency which has
custody of a person in this State who is alleged to have broken the terms of
the person’s probation, parole, bail or other release shall, after the
resolution of all criminal charges filed in this State against that person,
immediately deliver that person to the accredited agent of the demanding state
without a warrant issued pursuant to NRS 179.191
and 179.193 if:

(a) The person has signed a waiver of extradition
as a condition of probation, parole, bail or other release in the demanding
state; and

(b) The law enforcement agency has received:

(1) An authenticated copy of the waiver of
extradition signed by the person; and

(2) A photograph and copy of the
fingerprints of the person that identify him or her as the person who signed
the waiver.

4. This section does not limit:

(a) The right of the accused person to return
voluntarily and without formality to the demanding state;

(b) The powers, rights or duties of the officers
of the demanding state or of this State; or

NRS 179.231Nonwaiver by this State.Nothing
contained in NRS 179.177 to 179.235,
inclusive, shall be deemed to constitute a waiver by this State of its right,
power or privilege to try such demanded person for crime committed within this
State, or of its right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial, sentence or
punishment for any crime committed within this State, nor shall any proceedings
had under NRS 179.177 to 179.235,
inclusive, which result in, or fail to result in, extradition be deemed a
waiver by this State of any of its rights, privileges or jurisdiction in any
way whatsoever.

(Added to NRS by 1967, 1104)

NRS 179.233No right of asylum; no immunity from other criminal prosecutions
while in this State.After a
person has been brought back to this State by or after waiver of extradition
proceedings, the person may be tried in this State for other crimes which the
person may be charged with having committed here as well as that specified in
the requisition for extradition.

(Added to NRS by 1967, 1104)

NRS 179.235Interpretation.The
provisions of NRS 179.177 to 179.235,
inclusive, shall be so interpreted and construed as to effectuate their general
purposes to make uniform the law of those states which enact them.

(Added to NRS by 1967, 1104)

SEALING RECORDS OF CRIMINAL PROCEEDINGS

NRS 179.241Definitions.As
used in NRS 179.241 to 179.301,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 179.242, 179.243
and 179.244 have the meanings ascribed to them in
those sections.

1. Except as otherwise provided in
subsection 5 and NRS 176A.265, 176A.295, 179.259,
453.3365 and 458.330, a person may petition the court
in which the person was convicted for the sealing of all records relating to a
conviction of:

(a) A category A or B felony after 15 years from
the date of release from actual custody or discharge from parole or probation,
whichever occurs later;

(b) A category C or D felony after 12 years from
the date of release from actual custody or discharge from parole or probation,
whichever occurs later;

(c) A category E felony after 7 years from the
date of release from actual custody or discharge from parole or probation,
whichever occurs later;

(d) Any gross misdemeanor after 5 years from the
date of release from actual custody or discharge from probation, whichever
occurs later;

(e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a
battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7
years from the date of release from actual custody or from the date when the
person is no longer under a suspended sentence, whichever occurs later; or

(f) Any other misdemeanor after 2 years from the
date of release from actual custody or from the date when the person is no
longer under a suspended sentence, whichever occurs later.

2. A petition filed pursuant to subsection
1 must:

(a) Be accompanied by the petitioner’s current,
verified records received from:

(1) The Central Repository for Nevada
Records of Criminal History; and

(2) All agencies of criminal justice which
maintain such records within the city or county in which the conviction was
entered;

(b) If the petition references NRS 453.3365 or 458.330, include a certificate of
acknowledgment or the disposition of the proceedings for the records to be
sealed from all agencies of criminal justice which maintain such records;

(c) Include a list of any other public or private
agency, company, official or other custodian of records that is reasonably
known to the petitioner to have possession of records of the conviction and to
whom the order to seal records, if issued, will be directed; and

(d) Include information that, to the best
knowledge and belief of the petitioner, accurately and completely identifies
the records to be sealed, including, without limitation, the:

(1) Date of birth of the petitioner;

(2) Specific conviction to which the
records to be sealed pertain; and

(3) Date of arrest relating to the
specific conviction to which the records to be sealed pertain.

3. Upon receiving a petition pursuant to
this section, the court shall notify the law enforcement agency that arrested
the petitioner for the crime and:

(a) If the person was convicted in a district
court or justice court, the prosecuting attorney for the county; or

(b) If the person was convicted in a municipal
court, the prosecuting attorney for the city.

Ê The
prosecuting attorney and any person having relevant evidence may testify and
present evidence at the hearing on the petition.

4. If, after the hearing, the court finds
that, in the period prescribed in subsection 1, the petitioner has not been
charged with any offense for which the charges are pending or convicted of any
offense, except for minor moving or standing traffic violations, the court may
order sealed all records of the conviction which are in the custody of any
agency of criminal justice or any public or private agency, company, official
or other custodian of records in the State of Nevada, and may also order all
such records of the petitioner returned to the file of the court where the
proceeding was commenced from, including, without limitation, the Federal
Bureau of Investigation, the California Bureau of Criminal Identification and
Information and all other agencies of criminal justice which maintain such
records and which are reasonably known by either the petitioner or the court to
have possession of such records.

5. A person may not petition the court to
seal records relating to a conviction of:

(e) A homicide resulting from driving or being in
actual physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or resulting from any other conduct prohibited
by NRS 484C.110, 484C.130 or 484C.430;

6. If the court grants a petition for the
sealing of records pursuant to this section, upon the request of the person
whose records are sealed, the court may order sealed all records of the civil
proceeding in which the records were sealed.

7. As used in this section:

(a) “Crime against a child” has the meaning
ascribed to it in NRS 179D.0357.

(b) “Sexual offense” means:

(1) Murder of the first degree committed
in the perpetration or attempted perpetration of sexual assault or of sexual
abuse or sexual molestation of a child less than 14 years of age pursuant to
paragraph (b) of subsection 1 of NRS
200.030.

(5) An offense involving the
administration of a drug to another person with the intent to enable or assist
the commission of a felony pursuant to NRS
200.405, if the felony is an offense listed in this paragraph.

(6) An offense involving the
administration of a controlled substance to another person with the intent to
enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is
an offense listed in this paragraph.

(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual
abuse or sexual exploitation.

(8) An offense involving pornography and a
minor pursuant to NRS 200.710 to 200.730, inclusive.

1. If a person has been arrested for
alleged criminal conduct and the charges are dismissed, the prosecuting
attorney having jurisdiction declined prosecution of the charges or such person
is acquitted of the charges, the person may petition:

(a) The court in which the charges were
dismissed, at any time after the date the charges were dismissed;

(b) The court having jurisdiction in which the
charges were declined for prosecution:

(1) Any time after the applicable statute
of limitations has run;

(2) Any time 10 years after the arrest; or

(3) Pursuant to a stipulation between the
parties; or

(c) The court in which the acquittal was entered,
at any time after the date of the acquittal,

Ê for the
sealing of all records relating to the arrest and the proceedings leading to
the dismissal, declination or acquittal.

2. If the conviction of a person is set
aside pursuant to NRS 458A.240, the
person may petition the court that set aside the conviction, at any time after
the conviction has been set aside, for the sealing of all records relating to
the setting aside of the conviction.

3. A petition filed pursuant to subsection
1 or 2 must:

(a) Be accompanied by the petitioner’s current,
verified records received from:

(1) The Central Repository for Nevada
Records of Criminal History; and

(2) All agencies of criminal justice which
maintain such records within the city or county in which the petitioner
appeared in court;

(b) Except as otherwise provided in paragraph
(c), include the disposition of the proceedings for the records to be sealed;

(c) If the petition references NRS 453.3365 or 458.330, include a certificate of
acknowledgment or the disposition of the proceedings for the records to be
sealed from all agencies of criminal justice which maintain such records;

(d) Include a list of any other public or private
agency, company, official and other custodian of records that is reasonably
known to the petitioner to have possession of records of the arrest and of the
proceedings leading to the dismissal, declination or acquittal and to whom the
order to seal records, if issued, will be directed; and

(e) Include information that, to the best
knowledge and belief of the petitioner, accurately and completely identifies
the records to be sealed, including, without limitation, the:

(1) Date of birth of the petitioner;

(2) Specific charges that were dismissed
or of which the petitioner was acquitted; and

(3) Date of arrest relating to the
specific charges that were dismissed or of which the petitioner was acquitted.

4. Upon receiving a petition pursuant to
subsection 1, the court shall notify the law enforcement agency that arrested
the petitioner for the crime and:

(a) If the charges were dismissed, declined for
prosecution or the acquittal was entered in a district court or justice court,
the prosecuting attorney for the county; or

(b) If the charges were dismissed, declined for
prosecution or the acquittal was entered in a municipal court, the prosecuting
attorney for the city.

Ê The
prosecuting attorney and any person having relevant evidence may testify and
present evidence at the hearing on the petition.

5. Upon receiving a petition pursuant to
subsection 2, the court shall notify:

(a) If the conviction was set aside in a district
court or justice court, the prosecuting attorney for the county; or

(b) If the conviction was set aside in a
municipal court, the prosecuting attorney for the city.

Ê The
prosecuting attorney and any person having relevant evidence may testify and
present evidence at the hearing on the petition.

6. If, after the hearing on a petition
submitted pursuant to subsection 1, the court finds that there has been an
acquittal, that the prosecution was declined or that the charges were dismissed
and there is no evidence that further action will be brought against the
person, the court may order sealed all records of the arrest and of the
proceedings leading to the acquittal, declination or dismissal which are in the
custody of any agency of criminal justice or any public or private company,
agency, official or other custodian of records in the State of Nevada.

7. If, after the hearing on a petition
submitted pursuant to subsection 2, the court finds that the conviction of the
petitioner was set aside pursuant to NRS
458A.240, the court may order sealed all records relating to the setting
aside of the conviction which are in the custody of any agency of criminal
justice or any public or private company, agency, official or other custodian
of records in the State of Nevada.

8. If the prosecuting attorney having
jurisdiction previously declined prosecution of the charges and the records of
the arrest have been sealed pursuant to subsection 6, the prosecuting attorney
may subsequently file the charges at any time before the running of the statute
of limitations for those charges. If such charges are filed with the court, the
court shall order the inspection of the records without the prosecuting
attorney having to petition the court pursuant to NRS
179.295.

NRS 179.259Sealing records after completion of program for reentry: Persons
eligible; procedure; order; inspection of sealed records by professional
licensing board.

1. Except as otherwise provided in
subsections 3 and 4, 5 years after an eligible person completes a program for
reentry, the court may order sealed all documents, papers and exhibits in the
eligible person’s record, minute book entries and entries on dockets, and other
documents relating to the case in the custody of such other agencies and
officers as are named in the court’s order. The court may order those records
sealed without a hearing unless the Division of Parole and Probation of the
Department of Public Safety petitions the court, for good cause shown, not to
seal the records and requests a hearing thereon.

2. If the court orders sealed the record
of an eligible person, the court shall send a copy of the order to each agency
or officer named in the order. Each such agency or officer shall notify the
court in writing of its compliance with the order.

3. A professional licensing board is
entitled, for the purpose of determining suitability for a license or liability
to discipline for misconduct, to inspect and to copy from a record sealed
pursuant to this section.

4. A person may not petition the court to
seal records relating to a conviction of a crime against a child or a sexual
offense.

5. As used in this section:

(a) “Crime against a child” has the meaning
ascribed to it in NRS 179D.0357.

(2) Been convicted of a single offense
which was punishable as a felony and which did not involve the use or threatened
use of force or violence against the victim. For the purposes of this
subparagraph, multiple convictions for an offense punishable as a felony shall
be deemed to constitute a single offense if those offenses arose out of the
same transaction or occurrence.

(c) “Program for reentry” means:

(1) A correctional program for reentry of
offenders and parolees into the community that is established by the Director
of the Department of Corrections pursuant to NRS 209.4887; or

(2) A judicial program for reentry of
offenders and parolees into the community that is established in a judicial
district pursuant to NRS 209.4883.

(d) “Sexual offense” has the meaning ascribed to
it in paragraph (b) of subsection 7 of NRS 179.245.

2. Each agency of criminal justice and
each public or private company, agency, official or other custodian of records
named in the order, and that person shall seal the records in his or her
custody which relate to the matters contained in the order, shall advise the
court of compliance and shall then seal the order.

(a) All proceedings recounted in the record are
deemed never to have occurred, and the person to whom the order pertains may
properly answer accordingly to any inquiry, including, without limitation, an
inquiry relating to an application for employment, concerning the arrest,
conviction, dismissal or acquittal and the events and proceedings relating to
the arrest, conviction, dismissal or acquittal.

(b) The person is immediately restored to the
following civil rights if the person’s civil rights previously have not been
restored:

(1) The right to vote;

(2) The right to hold office; and

(3) The right to serve on a jury.

2. Upon the sealing of the person’s
records, a person who is restored to his or her civil rights pursuant to
subsection 1 must be given:

(a) An official document which demonstrates that
the person has been restored to the civil rights set forth in paragraph (b) of
subsection 1; and

(b) A written notice informing the person that he
or she has not been restored to the right to bear arms, unless the person has
received a pardon and the pardon does not restrict his or her right to bear
arms.

3. A person who has had his or her records
sealed in this State or any other state and whose official documentation of the
restoration of civil rights is lost, damaged or destroyed may file a written
request with a court of competent jurisdiction to restore his or her civil
rights pursuant to this section. Upon verification that the person has had his
or her records sealed, the court shall issue an order restoring the person to
the civil rights to vote, to hold office and to serve on a jury. A person must
not be required to pay a fee to receive such an order.

4. A person who has had his or her records
sealed in this State or any other state may present official documentation that
the person has been restored to his or her civil rights or a court order
restoring civil rights as proof that the person has been restored to the right
to vote, to hold office and to serve as a juror.

1. The person who is the subject of the
records that are sealed pursuant to NRS
176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365
or 458.330 may petition the court that
ordered the records sealed to permit inspection of the records by a person
named in the petition, and the court may order such inspection. Except as
otherwise provided in this section, subsection 8 of NRS
179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the
records under any other circumstances.

2. If a person has been arrested, the
charges have been dismissed and the records of the arrest have been sealed, the
court may order the inspection of the records by a prosecuting attorney upon a
showing that as a result of newly discovered evidence, the person has been arrested
for the same or a similar offense and that there is sufficient evidence
reasonably to conclude that the person will stand trial for the offense.

3. The court may, upon the application of
a prosecuting attorney or an attorney representing a defendant in a criminal
action, order an inspection of such records for the purpose of obtaining
information relating to persons who were involved in the incident recorded.

1. The State Gaming Control Board and the
Nevada Gaming Commission and their employees, agents and representatives may
inquire into and inspect any records sealed pursuant to NRS
179.245 or 179.255, if the event or conviction
was related to gaming, to determine the suitability or qualifications of any
person to hold a state gaming license, manufacturer’s, seller’s or
distributor’s license or registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if
any, which are the subject of an order sealing records:

(a) May form the basis for recommendation, denial
or revocation of those licenses.

(b) Must not form the basis for denial or
rejection of a gaming work permit unless the event or conviction relates to the
applicant’s suitability or qualifications to hold the work permit.

2. A prosecuting attorney may inquire into
and inspect any records sealed pursuant to NRS 179.245
or 179.255 if:

(a) The records relate to a violation or alleged
violation of NRS 202.575; and

(b) The person who is the subject of the records
has been arrested or issued a citation for violating NRS 202.575.

3. The Central Repository for Nevada
Records of Criminal History and its employees may inquire into and inspect any
records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual
offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

4. Records which have been sealed pursuant
to NRS 179.245 or 179.255
and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant
to chapter 179B of NRS by an officer or
employee of the Central Repository for Nevada Records of Criminal History or a
law enforcement officer in the regular course of his or her duties.

5. The State Board of Pardons
Commissioners and its agents and representatives may inquire into and inspect
any records sealed pursuant to NRS 179.245 or 179.255 if the person who is the subject of the
records has applied for a pardon from the Board.

6. As used in this section:

(a) “Information relating to sexual offenses”
means information contained in or concerning a record relating in any way to a
sexual offense.

1. The Governor shall offer a standing
reward of $250 for the arrest of:

(a) Each person engaged in the robbery of, or in
the attempt to rob, any person upon, or having in charge in whole or in part,
any railroad train or other conveyance engaged at the time in conveying
passengers, or any private conveyance within this State.

(b) Each person engaged in the robbery of, or in
the attempt to rob, any person upon any highway in this State.

2. The reward must be paid to the person
or persons making the arrest immediately upon the conviction of the person so
arrested, but no reward may be paid except after such a conviction.

3. The reward must be paid from the
Reserve for Statutory Contingency Account upon approval by the State Board of
Examiners.

4. The provisions of this section do not
apply to any sheriff, constable, marshal or police officer who makes an arrest
in the performance of the duties of his or her office in the county where the
officer resides or in which the official duties are required to be performed.

1. Unless otherwise expressly required by
this title, no particular form of words is required to be used in any pleading,
warrant, order, motion or other paper incident to a criminal proceeding.
Substantial compliance with any statutory requirement as to content, or in the
absence of any such requirement, language which reasonably informs the
defendant or other person to whom such paper is directed of its nature, is
sufficient.

2. The use of one of the forms set out in NRS 179.320 to 179.400,
inclusive, modified as may be necessary to fit the case, is prima facie
sufficient for their respective purposes.

(Added to NRS by 1967, 1461)

NRS 179.320Warrant of arrest.A
warrant of arrest may be in substantially the following form:

Warrant of Arrest

County of ...............................
The State of Nevada, to any sheriff, constable, marshal, police officer, or
peace officer in this State: A complaint, upon oath, has been this day laid
before me by A. B. that the crime of (designate it) has been committed, and
accusing C. D. thereof; you are therefore commanded forthwith to arrest the
above-named C. D. and bring him or her before me at (naming the place), or, in
case of my absence or inability to act, before the nearest or most accessible
magistrate in this county.

Dated at
............................., this ....... day of the month of ............ of
the year .......

NRS 179.325Summons.A summons
may be in substantially the following form:

Summons

State of Nevada }

}ss.

County of...................................... }

The State of Nevada to the
(naming defendant or corporation):

You are hereby summoned to
appear before me at (naming the place) on (specifying the day and hour), to
answer a charge made against you upon the complaint of A. B. for (designating
the offense generally).

Dated at
.............................., this ....... day of the month of ........... of
the year .......

NRS 179.330Search warrant.A
search warrant may be in substantially the following form:

Search Warrant

State of Nevada }

}ss.

County of...................................... }

The State of Nevada, to any
peace officer in the County of ................. Proof by affidavit having been
made before me by (naming every person whose affidavit has been taken) that
(stating the grounds or probable cause for issuance).

You are hereby commanded to
search (naming the person or describing with reasonable particularity the place
to be searched) for the following property (describing it with reasonable
particularity), making the search (in the daytime or at any time, as determined
by the magistrate) and if any such property is found there to seize it, prepare
a written inventory of the property seized and bring the property before me (or
another designated magistrate).

Dated at
.............................., this ....... day of the month of ........... of
the year .......

NRS 179.335Motion for return of seized property and suppression of
evidence.A motion for the return
of seized property and the suppression of evidence may be in substantially the
following form:

Motion for the Return of Seized Property

and the Suppression of Evidence

Defendant (naming defendant)
hereby moves this court to direct that certain property of which the defendant
is the owner, a schedule of which is annexed hereto, and which on (stating date
and time), at (describing the place), was unlawfully seized and taken from the
defendant by a peace officer of the State of Nevada (name and designation of
peace officer, or, if so, state “whose true name is unknown to the
petitioner”), be returned and that it be suppressed as evidence against the
defendant in any criminal proceeding.

The petitioner further states
that the property was seized against his or her will and without a search
warrant (or other reason why the warrant is defective or illegal).

NRS 179.340Bail: After arrest and before preliminary examination.An undertaking for bail after arrest and
before preliminary examination may be in substantially the following form:

Undertaking

A warrant having been issued
on the ........ day of the month of ............ of the year ......., by
........................, a justice of the peace of ........................
County, for the arrest of ........................ (stating name of the
accused), upon a charge of ........................ (stating briefly the nature
of the offense), upon which the accused has been arrested and duly ordered
admitted to bail in the sum of .................. dollars and ordered to appear
before the magistrate who issued the warrant, we, ......................., of
........................, and ........................ (stating their names and
place of residence), hereby undertake that the above-named
........................ shall appear and answer the charge above mentioned, at
............. o’clock ...m., on the ....... day of the month of ........... of
the year ......., before ........................, the magistrate issuing the
warrant, at the magistrate’s office in .....................,
..................... County, State of Nevada, and that the above-named (insert
name of accused) shall appear and answer the charge above mentioned in whatever
court and before whatever magistrate it may be prosecuted, or before which the
accused may be required to appear by law, and shall at all times render himself
or herself amenable to the orders and process of the court and the requirements
of the law, and if convicted shall appear for judgment and render himself or
herself in execution thereof; or if the accused fails to perform any of these
conditions, that we will pay to the State of Nevada the sum of .............
dollars (inserting the sum in which the defendant is admitted to bail).

NRS 179.345Endorsement on warrant of arrest for commitment for preliminary
examination.An endorsement on a
warrant of arrest for commitment for preliminary examination may be in
substantially the following form:

Endorsement

The within-named A. B.,
having been brought before me under this warrant, is committed for examination
to the sheriff (or other appropriate peace officer) of the County of
.............................

NRS 179.355Commitment and bail after preliminary examination.Commitment and bail may be in substantially
the following form:

Commitment and Bail

It appearing to me by the
within depositions and statement (if any) that the offense therein named (or
any other offense according to the fact, stating generally the nature thereof)
has been committed, and that there is sufficient cause to believe the
within-named A. B. guilty thereof, I order that A. B. be held to answer the
same (and A. B. is hereby committed to the sheriff of the County of
........................) or (and I have admitted A. B. to bail to answer by
the undertaking hereto annexed) or (and that A. B. be admitted to bail in the
sum of ............. dollars, and is committed to the sheriff of the County of
........................ until A. B. give such bail).

NRS 179.360Commitment where defendant held to answer after preliminary
examination.A commitment where
defendant is held to answer after a preliminary examination may be in
substantially the following form:

Commitment

County of
........................ (as the case may be).

The State of Nevada to the
sheriff of the County of .............................: An order having been
this day made by me that A. B. be held to answer upon a charge of (stating
briefly the nature of the offense, and giving as near as may be the time when
and the place where the same was committed), you are commanded to receive A. B.
into your custody and detain A. B. until A. B. is legally discharged.

Dated this ........ day of
the month of ............ of the year .......

NRS 179.365Bail after preliminary examination and before arraignment.An undertaking for bail after preliminary
examination and before arraignment may be in substantially the following form:

Undertaking

An order having been made on
the ........ day of the month of ............ of the year ....... by A. B., a
justice of the peace of ............................... County (or as the case
may be), that C. D. be held to answer upon a charge of (stating briefly the
nature of the offense), upon which C. D. has been duly admitted to bail in the
sum of ............. dollars, we, E. F. and G. H. (stating their place of
residence), hereby undertake that the above-named C. D. shall appear and answer
the charge above mentioned, in whatever court it may be prosecuted, and shall
at all times render himself or herself amenable to the orders and process of
the court, and, if convicted, shall appear for judgment and render himself or
herself in execution thereof, or, if C. D. fail to perform any of these
conditions, that we will pay to the State of Nevada the sum of ............
dollars (inserting the sum in which the defendant is admitted to bail).

NRS 179.370Indictment.An
indictment may be substantially in the following form:

Indictment

State of Nevada }

}ss.

County of........................................ }

The State of Nevada,
plaintiff, against A. B., defendant (or John Doe, whose real name is unknown).
Defendant A. B., above named, is accused by the grand jury of the County of
........................, of a felony (or of the crime of murder or other name
of crime), committed as follows: The said A. B., on the ....... day of the
month of ........... of the year ......., or thereabouts, at the County of
.........................., State of Nevada, without authority of law and with
malice aforethought, killed Richard Roe, by shooting with a pistol (or with a
gun or other weapon, according to the facts).

NRS 179.375Information.An
information may be in substantially the following form:

Information

State of Nevada }

}ss.

County of...................................... }

In the
....................... court. The State of Nevada against A. B., C. D.
district attorney within and for the County of ........................ in the
State aforesaid, in the name and by the authority of the State of Nevada,
informs the court that A. B. on the ........ day of the month of ........... of
the year ......., at the County of ........................, did (here state
offense) against the peace and dignity of the State of Nevada.

NRS 179.380Warrant upon finding of presentment, indictment or information.A warrant upon the finding of a presentment,
indictment or information may be in substantially the following form:

Warrant

County of
........................ The State of Nevada, to any sheriff, constable,
marshal, police officer, or peace officer in this State: A presentment having
been made or an indictment having been found (or information filed) on the
........ day of the month of ............ of the year ......., in the district
court of the ........................, County of .........................,
charging C. D. with the crime of (designating it generally), you are therefore
commanded forthwith to arrest the above-named C. D. and bring C. D. before that
court to answer the presentment, indictment or information; or if the court is
not in session that you deliver C. D. into the custody of the sheriff of the
County of ........................ By order of the court. Given under my hand
with the seal of the court affixed this ........ day of the month of
............ of the year ....... .

NRS 179.385Bail after arrest on warrant following finding of presentment,
indictment or information.An
undertaking for bail after arrest on a warrant following the finding of a
presentment, indictment or information may be in substantially the following
form:

Undertaking

A presentment having been
made (or an indictment having been found or an information having been filed),
on the ........ day of the month of ............ of the year ......., in the
District Court of the ......................... Judicial District of the State
of Nevada, in and for the County of ........................ (as the case may
be), charging A. B. with the crime of (indicating it generally), and A. B.
having been duly admitted to bail in the sum of ............. dollars, we, C.
D. and E. F. (stating their place of residence), hereby undertake that the
above-named A. B. shall appear and answer the indictment or information above
mentioned in whatever court it may be prosecuted, and shall at all times render
himself or herself amenable to the orders and processes of the court, and, if
convicted, shall appear for judgment and render himself or herself in execution
thereof; or, if A. B. fails to perform either of these conditions, that we will
pay to the State of Nevada the sum of ............. dollars (inserting the sum
in which the defendant is admitted to bail).

NRS 179.390Subpoena; subpoena duces tecum.A
subpoena or subpoena duces tecum may be in substantially the following form:

Subpoena

The State of Nevada to A. B.:
You are commanded to appear before C. D., a justice of the peace of
................ township, in ................ County (or, the court of
................, as the case may be), at (naming the place), on (stating the
day and hour), as a witness in a criminal action, prosecuted by the State of
Nevada against E. F. Given under my hand this ........ day of the month of
............ of the year ....... . G. H., Justice of the Peace (seal) (or “By
order of the court, L. M., Clerk (seal)” as the case may be). (If books, papers
or documents are required, a direction to the following effect must be
contained in the subpoena: “And you are required also to bring with you the following
(describing intelligibly the books, papers or documents required).”)

NRS 179.395Bench warrant after conviction.A
bench warrant may be in substantially the following form:

Bench Warrant

State of Nevada }

}ss.

County of...................................... }

The State of Nevada, to any
sheriff, constable, marshal, police officer or other peace officer in this
state: A. B. having been on the ........ day of the month of ............ of
the year ........ duly convicted in the .................... Judicial District
Court of the State of Nevada and in and for the County of ....................,
of the crime of (designating it generally); you are therefore commanded
forthwith to arrest the above-named A. B. and bring A. B. before that court for
judgment, or if the court has adjourned, that you deliver A. B. into the
custody of the sheriff of the County of .................... Given, by order of
the court, under my hand with the seal of the court affixed, this the ........
day of the month of ............ of the year ....... .

NRS 179.400Undertaking on recommitment.When
bail is taken upon the recommitment of the defendant, the undertaking shall be
in substantially the following form:

Undertaking

An order having been made on
the ........ day of the month of ............ of the year ......., by the court
(naming it), that A. B. be admitted to bail in the sum of $.........., in an
action pending in that court against A. B., in behalf of the State of Nevada,
upon a (presentment, indictment, information, or appeal, as the case may be),
we, C. D. and E. F., of (stating their place of residence), hereby undertake
that the above-named A. B. shall appear in that or any other court in which A.
B.’s appearance may be lawfully required, upon that (presentment, indictment,
information, or appeal, as the case may be), and shall at all times render
himself or herself amenable to its orders and processes, and appear for
judgment, and surrender himself or herself in execution thereof; or, if A. B.
fail to perform any of these conditions, that we will pay to the State of
Nevada the sum of $.......... (inserting the sum in which the defendant is
admitted to bail).

NRS 179.410Definitions.As
used in NRS 179.410 to 179.515,
inclusive, except where the context otherwise requires, the words and terms
defined in NRS 179.415 to 179.455,
inclusive, have the meanings ascribed to them in those sections.

NRS 179.415“Aggrieved person” defined.“Aggrieved
person” means a person who was a party to any intercepted wire or oral
communication or a person against whom the interception was directed.

(Added to NRS by 1973, 1742)

NRS 179.420“Contents” defined.“Contents”
when used with respect to any wire or oral communication includes any
information concerning the identity of the parties to such communication or the
existence, substance, purport or meaning of that communication.

(Added to NRS by 1973, 1742)

NRS 179.425“Electronic, mechanical or other device” defined.“Electronic, mechanical or other device” means
any device or apparatus which can be used to intercept a wire or oral
communication other than:

1. Any telephone instrument, equipment or
facility, or any component thereof:

(a) Furnished to the subscriber or user by a
communications common carrier in the ordinary course of its business and being
used by the subscriber or user in the ordinary course of its business; or

(b) Being used by a communications common carrier
in the ordinary course of its business, or by an investigative or law
enforcement officer in the ordinary course of his or her duties.

2. A hearing aid or similar device being
used to correct subnormal hearing to not better than normal.

NRS 179.430“Intercept” defined.“Intercept”
means the aural acquisition of the contents of any wire or oral communication
through the use of any electronic, mechanical or other device or of any sending
or receiving equipment.

(Added to NRS by 1973, 1743)

NRS 179.435“Investigative or law enforcement officer” defined.“Investigative or law enforcement officer”
means any officer of the State or a political subdivision thereof who is
empowered by the law of this state to conduct investigations of or to make
arrests for felonies, and any attorney authorized by law to prosecute or
participate in the prosecution of such offenses.

(Added to NRS by 1973, 1743)

NRS 179.440“Oral communication” defined.“Oral
communication” means any verbal message uttered by a person exhibiting an
expectation that such communication is not subject to interception, under
circumstances justifying such expectation.

(Added to NRS by 1973, 1743)

NRS 179.445“Person” defined.“Person”
means any official, employee or agent of the United States or any state or
political subdivision thereof, and any individual, partnership, association,
joint-stock company, trust or corporation.

(Added to NRS by 1973, 1743)

NRS 179.450“State” defined.“State”
means any state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico and any territory or possession of the United
States.

(Added to NRS by 1973, 1743)

NRS 179.455“Wire communication” defined.“Wire
communication” means any communication made in whole or in part through the use
of facilities for the transmission of communications by the aid of wire, cable
or other like connection between the point of origin and the point of reception
furnished or operated by any person engaged as a common carrier in providing or
operating such facilities for the transmission of intrastate, interstate or
foreign communications.

(Added to NRS by 1973, 1743)

NRS 179.458Provisions inapplicable to recording of certain telephone calls
by public utility.The provisions
of NRS 179.410 to 179.515,
inclusive, do not prohibit the recording of any telephone call by a public
utility pursuant to NRS 704.195.

NRS 179.460Cases in which interception of wire or oral communications may
be authorized.

1. The Attorney General or the district
attorney of any county may apply to a Supreme Court justice or to a district
judge in the county where the interception is to take place for an order
authorizing the interception of wire or oral communications, and the judge may,
in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the
interception of wire or oral communications by investigative or law enforcement
officers having responsibility for the investigation of the offense as to which
the application is made, when the interception may provide evidence of the
commission of murder, kidnapping, robbery, extortion, bribery, escape of an
offender in the custody of the Department of Corrections, destruction of public
property by explosives, a sexual offense against a child, sex trafficking, a
violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in
violation of NRS 200.467 or 200.468 or the commission of any offense
which is made a felony by the provisions of chapter
453 or 454 of NRS.

2. A good faith reliance by a public
utility on a court order shall constitute a complete defense to any civil or
criminal action brought against the public utility on account of any
interception made pursuant to the order.

3. As used in this section, “sexual
offense against a child” includes any act upon a child constituting:

1. Any investigative or law enforcement
officer who, by any means authorized by NRS 179.410
to 179.515, inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520,
inclusive, has obtained knowledge of the contents of any wire or oral
communication, or evidence derived therefrom, may disclose the contents to
another investigative or law enforcement officer or use the contents to the
extent that the disclosure or use is appropriate to the proper performance of
the official duties of the officer making or receiving the disclosure.

2. Any person who has received, by any
means authorized by NRS 179.410 to 179.515, inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520,
inclusive, or by a statute of another state, any information concerning a wire
or oral communication, or evidence derived therefrom intercepted in accordance
with the provisions of NRS 179.410 to 179.515, inclusive, may disclose the contents of that
communication or the derivative evidence while giving testimony under oath or
affirmation in any criminal proceeding in any court or before any grand jury in
this state, or in any court of the United States or of any state, or in any
federal or state grand jury proceeding.

3. An otherwise privileged wire or oral
communication intercepted in accordance with, or in violation of, the
provisions of NRS 179.410 to 179.515,
inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, does not lose its
privileged character.

4. When an investigative or law
enforcement officer engaged in intercepting wire or oral communications as
authorized by NRS 179.410 to 179.515,
inclusive, intercepts wire or oral communications relating to offenses other
than those specified in the order provided for in NRS
179.460, the contents of the communications and the evidence derived
therefrom may be disclosed or used as provided in subsection 1. The direct
evidence derived from the communications is inadmissible in a criminal
proceeding, but any other evidence obtained as a result of knowledge obtained
from the communications may be disclosed or used as provided in subsection 2
when authorized or approved by a justice of the Supreme Court or district judge
who finds upon application made as soon as practicable that the contents of the
communications were intercepted in accordance with the provisions of NRS 179.410 to 179.515,
inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive.

NRS 179.470Application for order authorizing interception of
communications; prerequisites to issuance of order.

1. Each application for an order
authorizing the interception of a wire or oral communication must be made in
writing upon oath or affirmation to a justice of the Supreme Court or district
judge and must state the applicant’s authority to make such application. Each
application must include the following information:

(a) The identity of the investigative or law
enforcement officer making the application, and the officer authorizing the
application.

(b) A full and complete statement of the facts
and circumstances relied upon by the applicant to justify the applicant’s
belief that an order should be issued, including:

(1) Details as to the particular offense
that is being, has been or is about to be committed.

(2) A particular description of the nature
and location of the facilities from which or the place where the communication
is to be intercepted, the facilities to be used and the means by which such interception
is to be made.

(3) A particular description of the type
of communications sought to be intercepted.

(4) The identity of the person, if known,
who is committing, has committed or is about to commit an offense and whose
communications are to be intercepted.

(c) A full and complete statement as to whether
or not other investigative procedures have been tried and failed or why they
reasonably appear to be unlikely to succeed if tried or to be too dangerous.

(d) A statement of the period of time for which
the interception is required to be maintained. If the nature of the
investigation is such that the authorization for interception should not
automatically terminate when the described type of communication has been
obtained, a particular description of facts establishing probable cause to
believe that additional communications of the same type will occur thereafter.

(e) A full and complete statement of the facts
concerning all previous applications known to the person authorizing and making
the application made to any judge for authorization to intercept wire or oral
communications involving any of the same persons, facilities or places
specified in the application, and the action taken by the judge on each such
application.

(f) Where the application is for the extension of
an order, a statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to obtain such
results.

2. The judge may require the applicant to
furnish additional testimony or documentary evidence under oath or affirmation
in support of the application. Oral testimony must be reduced to writing.

3. Upon such application the judge may
enter an ex parte order, as requested or as modified, authorizing interception
of wire or oral communications within the territorial jurisdiction of the court
in which the judge is sitting, if the judge determines on the basis of the
facts submitted by the applicant that:

(a) There is probable cause for belief that a
person is committing, has committed or is about to commit an offense for which
interception is authorized by NRS 179.460.

(b) There is probable cause for belief that
particular communications concerning that offense will be obtained through such
interception.

(c) Normal investigative procedures have been
tried and have failed or reasonably appear to be unlikely to succeed if tried
or appear to be too dangerous.

(d) There is probable cause for belief that the
facilities from which, or the place where, the wire or oral communications are
to be intercepted are being used or are about to be used by such person in
connection with the commission of such offense or are leased to, listed in the
name of, or commonly used by such person.

1. Each order authorizing the interception
of any wire or oral communication shall specify:

(a) The identity of the person, if known, whose
communications are to be intercepted.

(b) The nature and location of the place where or
communication facilities to which authority to intercept is granted, the
facilities to be used and the means by which such interceptions shall be made.

(c) A particular description of the type of
communication sought to be intercepted, and a statement of the particular
offense to which it relates.

(d) The identity of the agency authorized to
intercept the communications, and of the person authorizing the application.

(e) The period of time during which such
interception is authorized, including a statement as to whether or not the
interception shall automatically terminate when the described communication has
been first obtained.

2. An order authorizing the interception
of a wire or oral communication shall, upon request of the applicant, direct
that a communications common carrier, landlord, custodian or other person shall
furnish the applicant forthwith all information, facilities, and technical
assistance necessary to accomplish the interception unobtrusively and with a
minimum of interference with the services that such carrier, landlord,
custodian, or person is according the person whose communications are to be
intercepted. Any communications common carrier, landlord, custodian or other
person furnishing such facilities or technical assistance shall be compensated
therefor by the applicant at the prevailing rates.

3. No order entered under this section may
authorize the interception of any wire or oral communication for any period
longer than is necessary to achieve the objective of the authorization, and in
no event longer than 30 days. Extensions of an order may be granted, but only
upon application for an extension made in accordance with the procedures
provided in NRS 179.470. The period of extension
shall be no longer than the authorizing judge deems necessary to achieve the
purposes for which it was granted and in no event for longer than 30 days.
Every order and extension thereof shall contain a provision that the authorization
to intercept shall be executed as soon as practicable, shall be conducted in
such a way as to minimize the interception of communications not otherwise
subject to interception under this statute, and shall terminate upon attainment
of the authorized objective, or in any event in 30 days.

(Added to NRS by 1973, 1745)

NRS 179.480Progress reports to judge.Whenever
an order authorizing interception is entered pursuant to NRS
179.410 to 179.515, inclusive, the order may
require reports to be made to the judge who issued the order showing what
progress has been made toward achievement of the authorized objective and the
need for continued interception. Such reports shall be made at such intervals
as the judge may require.

(Added to NRS by 1973, 1746)

NRS 179.485Recording.The
contents of any wire or oral communication intercepted by any means authorized
by NRS 179.410 to 179.515,
inclusive, shall, if possible, be recorded on tape or wire or other comparable
device. The recording of the contents of any wire or oral communication under
this section shall be done in such a way as will protect the recording from
editing or other alterations. Immediately upon the expiration of the period of
the order, or extensions thereof, such recordings shall be made available to
the judge issuing such order and sealed under the judge’s directions. Custody
of the recordings shall be placed with whomever the judge directs. They shall
not be destroyed except upon an order of the judge issuing such order and in
any event shall be kept for 10 years. Duplicate recordings may be made for use
or disclosure pursuant to the provisions of subsection 1 of NRS 179.465 for investigations. The presence of the
seal provided for by this section, or a satisfactory explanation for the
absence thereof, is a prerequisite for the use or disclosure of the contents of
any wire or oral communication or evidence derived therefrom under subsection 2
of NRS 179.465.

(Added to NRS by 1973, 1746)

NRS 179.490Sealing of applications and orders; disclosure.

1. Applications made and orders granted
under this statute shall be sealed by the judge. Custody of the applications
and orders shall be placed with whomever the judge orders. Such applications
and orders shall be disclosed only upon a showing of good cause before a judge
of a court of competent jurisdiction and shall not be destroyed except on order
of the judge who issued or denied the order, and in any event shall be kept for
10 years.

2. Any violation of the provisions of this
section may be punished as contempt of court.

(Added to NRS by 1973, 1747)

NRS 179.495Notice to parties to intercepted communications.

1. Within a reasonable time but not later
than 90 days after the termination of the period of an order or any extension
thereof, the judge who issued the order shall cause to be served on the chief
of the Investigation Division of the Department of Public Safety, persons named
in the order and any other parties to intercepted communications, an inventory
which must include notice of:

(a) The fact of the entry and a copy of the
order.

(b) The fact that during the period wire or oral
communications were or were not intercepted.

Ê Except as
otherwise provided in NRS 239.0115,
the inventory filed pursuant to this section is confidential and must not be
released for inspection unless subpoenaed by a court of competent jurisdiction.

2. The judge, upon receipt of a written
request from any person who was a party to an intercepted communication or from
the person’s attorney, shall make available to the person or the person’s
counsel those portions of the intercepted communications which contain the
person’s conversation. On an ex parte showing of good cause to a district
judge, the serving of the inventory required by this section may be postponed
for such time as the judge may provide.

NRS 179.500Contents of intercepted communications inadmissible in evidence
unless transcript provided to parties before trial.The
contents of any intercepted wire or oral communication or evidence derived
therefrom shall not be received in evidence or otherwise disclosed in any
trial, hearing or other proceeding in any court of this state unless each
party, not less than 10 days before the trial, hearing or proceeding, has been
furnished with a copy of the court order and accompanying application under
which the interception was authorized and a transcript of any communications
intercepted. Such 10-day period may be waived by the judge if the judge finds
that it was not possible to furnish the party with such information 10 days
before the trial, hearing or proceeding and that the party will not be
prejudiced by the delay in receiving such information.

(Added to NRS by 1973, 1747)

NRS 179.505Motion to suppress.

1. Any aggrieved person in any trial,
hearing or proceeding in or before any court, department, officer, agency or
other authority of this State, or a political subdivision thereof, may move to
suppress the contents of any intercepted wire or oral communication, or
evidence derived therefrom, on the grounds that:

(a) The communication was unlawfully intercepted.

(b) The order of authorization under which it was
intercepted is insufficient on its face.

(c) The interception was not made in conformity
with the order of authorization.

(d) The period of the order and any extension had
expired.

2. Such motion shall be made before the
trial, hearing or proceeding unless there was no opportunity to make such
motion or the person was not aware of the grounds of the motion. If the motion
is granted, the contents of the intercepted wire or oral communication, or
evidence derived therefrom, shall be treated as having been obtained in
violation of NRS 179.410 to 179.515,
inclusive. The judge, upon the filing of such motion by the aggrieved person,
may in the judge’s discretion make available to the aggrieved person or the
aggrieved person’s counsel for inspection such portions of the intercepted
communication or evidence derived therefrom as the judge determines to be in
the interest of justice.

(Added to NRS by 1973, 1747)

NRS 179.510Appeal by State from order granting motion to suppress.In addition to any other right to appeal the
State may appeal from an order granting a motion to suppress made under NRS 179.505 if the Attorney General or district
attorney certifies to the judge or other official granting such motion that the
appeal is not taken for purposes of delay. Such appeal shall be taken within 30
days after the date the order of suppression was entered and shall be diligently
prosecuted as in the case of other interlocutory appeals or under such rules as
the Supreme Court may adopt.

(Added to NRS by 1973, 1748)

NRS 179.515Reports by justices of Supreme Court, district judges, Attorney
General and district attorneys.

1. In January of each year, the Attorney
General and the district attorney of each county shall report to the
Administrative Office of the United States Courts the information required to
be reported pursuant to 18 U.S.C. § 2519. A copy of the report must be filed
with the Investigation Division of the Department of Public Safety. In the case
of a joint application by the Attorney General and a district attorney both
shall make the report.

2. Every justice of the Supreme Court or
district judge who signs an order authorizing or denying an interception shall,
within 30 days after the termination of the order or any extension thereof,
file with the Investigation Division of the Department of Public Safety on
forms approved by the Division a report containing the same information
required to be reported pursuant to 18 U.S.C. § 2519. The report must also
indicate whether a party to an intercepted wire communication had consented to
the interception.

3. The willful failure of any officer to
report any information known to the officer which is required to be reported
pursuant to subsection 1 or 2 constitutes malfeasance in office and, in such
cases, the Secretary of State shall, when the wrong becomes known to the
Secretary of State, institute legal proceedings for the removal of that
officer.

4. The Investigation Division of the
Department of Public Safety shall, on or before April 30 of each year, compile
a report consisting of a summary and analysis of all reports submitted to the
Division pursuant to this section during the previous calendar year. The report
is a public record and may be inspected by any person during the regular office
hours of the Division.

NRS 179.525Temporary changes in telephone service permitted where hostages
are being held or suspects are barricaded.

1. A supervising peace officer who, with
other officers, or any peace officer who, alone, is attempting to gain control
of a situation in which a person:

(a) Is holding another as a hostage, whether or
not the life of the hostage has been threatened; or

(b) Has committed or is believed to have
committed a crime, is barricaded in an area or structure and is resisting
arrest through the use or threatened use of force,

Ê may direct
the public utility which provides telephone service to the area or structure in
which the hostages are being held or persons are barricaded, or to an area
which is close to that area or structure, to interrupt the service on, divert,
reroute or otherwise make temporary changes in telephone lines to enable the
peace officer making the request to establish communication with the person
holding the hostage, or among peace officers, or to deny communication to the
person holding the hostage.

2. Each public utility which provides
telephone service in this State shall designate an employee and an alternate to
supervise in performing the orders of a peace officer who is carrying out the
purposes of this section.

3. A reliance in good faith by a public
utility on the order of a peace officer pursuant to this section constitutes a
complete defense to any civil or criminal action brought against the public
utility on account of any interruption, diversion, rerouting or change in
telephone service made in response to the order.

NRS 179.530Order authorizing use of pen register or trap and trace device.

1. District courts of this state may issue
orders authorizing the use of a pen register or trap and trace device upon the
application of a district attorney, the Attorney General or their deputies,
supported by an affidavit of a peace officer under the circumstances and upon
the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions existed
on July 1, 1989.

2. As used in this section, “peace
officer” means:

(a) Sheriffs of counties and metropolitan police
departments and their deputies;

(b) Personnel of the Department of Public Safety
who have the powers of peace officers pursuant to NRS 289.270;

(c) Police officers of cities and towns;

(d) Agents of the State Gaming Control Board who
are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

(e) Special investigators employed by the
Attorney General who have the powers of peace officers pursuant to NRS 289.170;

(f) Investigators employed by a district attorney
who have the powers of peace officers pursuant to NRS 289.170; and

(g) The Inspector General of the Department of
Corrections and the criminal investigators employed by the Department who have
the powers of peace officers pursuant to NRS
289.220.

3. A public utility that relies, in good
faith, upon an order of a district court authorizing the use of a pen register
or trap and trace device is not liable in any civil or criminal action brought
against the public utility for the use of the pen register or trap and trace
device in accordance with the order of the court.

NRS 179.535Receipt for property taken from person arrested for public
offense.When money or other
property is taken from a defendant arrested upon a charge of a public offense,
the officer taking it shall at the time give duplicate receipts therefor, specifying
particularly the amount of money and the kind of property taken, one of which
receipts the officer shall deliver to the defendant, and the other of which the
officer shall forthwith file with the clerk of the court to which the
deposition and statements must be sent.